JASVIR KAUR Vs. DARSHAN SINGH

JUDGEMENT

(1.) This appeal has been filed by the plaintiff against the judgment and decree passed by the Lower Appellate Court, whereby the judgment and decree passed by the trial Court, granting the relief of specific performance in his favour, was modified and decree was passed to return the earnest money along with interest.

(2.) The facts of the case, in brief, are that on 26.11.1999 the defendant entered into an agreement to sell the land measuring 25 kanals to the plaintiff. The details of this land are given in the head note of the plaint. The total sale consideration for the suit land was Rs. 6.25 lacs and earnest money of Rs. 3 lacs was paid. The target date for execution of the sale deed was fixed as 27.05.2000. However, as it transpires from the record, the target date was extended subsequently four times and in the interregnum another amount of Rs. 55,000/- was paid on 11.07.2000. But, the defendant/respondent herein tried to opt out of the contract and did execute the sale deed. Resultantly, plaintiff-appellant herein had to file the suit for specific performance.

(3.) After parties led their evidence and hearing the parties, the trial Court decreed the suit in favour of the present appellant and issued a direction to the defendant/respondent herein to execute the sale deed in favour of the plaintiff within a period of two months. It is stated by learned counsel for the appellant that in pursuance to the judgment and decree, the plaintiff had deposited the balance sale consideration before the court.